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ISO 37001: An Introduction to Anti-Bribery Management Systems
ISO 37001: An Introduction to Anti-Bribery Management Systems
ISO 37001: An Introduction to Anti-Bribery Management Systems
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ISO 37001: An Introduction to Anti-Bribery Management Systems

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When is a gift not a gift? When it’s a bribe.

For many, corporate hospitality oils the wheels of commerce. But where do you draw the line?

Bribes, incentives and inducements are not just a matter of used banknotes stuffed in brown envelopes. Expenses, corporate settlement of personal bills, gifts and hospitality can all be used to influence business partners, clients and contractors.

Can you afford unlimited fines?

Under the Bribery Act 2010, a maximum of ten years’ imprisonment and an unlimited fine may be imposed for offering, promising, giving, requesting, agreeing, receiving or accepting bribes.

With such strict penalties, it’s astonishing that so few companies have few or no measures in place to ensure that they are not liable for prosecution. The Ministry of Justice’s quick start guide to the Bribery Act makes it clear that “There is a full defence if you can show you had adequate procedures in place to prevent bribery”.

Such procedures can be found in ISO 37001, the international standard for ABMSs.

How to implement an ABMS

ISO 37001: An Introduction to Anti-Bribery Management Systems explains how to implement an ABMS that meets the requirements of ISO 37001, from the initial gap analysis to due diligence management, and covers the following:

  • An introduction to ISO 37001.
  • An ABMS explained.
  • Management processes within an ABMS.
  • Implementing an ABMS.
  • Risk assessment in due diligence.
  • Whistleblowing and bribery investigations.
  • Internal auditing and corrective action.
  • Certification to ISO 37001.

The book provides helpful guidance on the importance of clearly defining policies; logging gifts and hospitality in auditable records; ensuring a consistent approach across the organisation; controls for contractors; facilitation payments; and charitable and political donations.

Meet the stringent requirements of the Bribery Act

Not only will an ISO 37001-compliant ABMS help your organisation prove its probity by meeting the stringent requirements of the Bribery Act but it can also be adapted to most legal or compliance systems.

An ethical approach to business is not just a legal obligation but a way to protect your reputation.

LanguageEnglish
Publisheritgovernance
Release dateNov 7, 2017
ISBN9781849289559
ISO 37001: An Introduction to Anti-Bribery Management Systems
Author

Alan Field

Alan Field, LL.B (Hons), PgC, MCQI CQP, MIIRSM, AIEMA, GIFireE, GradIOSH is a Chartered Quality Professional, an IRCA Registered Lead Auditor and Member of The Society of Authors. Alan has particular expertise in auditing and third party assessing Anti-bribery Management Systems (ABMS) to BS10500 and counter fraud systems in the public sector to ISO 9001 requirements. Alan has many years’ experience with Quality and Integrated Management Systems in the legal, financial, property services and project management sectors in auditing, assessment and gap analysis roles.

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    ISO 37001 - Alan Field

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    INTRODUCTION

    What is ISO 37001:2016?

    ISO 37001:2016 is the international standard for anti-bribery management systems (ABMSs) for organisations of all types and sizes, and in all parts of the world, that are committed to anti-bribery policies and controls.

    The predecessor of ISO 37001 is BS 10500:2011. This, of course, is a British standard and although it attracted interest outside the UK, an international standard such as ISO 37001 will have a wider appeal across the globe.

    ISO 37001 has a number of similarities to standards such as ISO 9001:2015, ISO 14001:2015 and ISO 27001:2013. This is because they all provide for a management system structured around ISO’s Annex SL. Those organisations operating to, say, ISO 9001:2015 will find a wide degree of compatibility with the new ISO 37001:2016 in terms of broad approach and structure, e.g. a leadership-based, risk-based and process-based management system.

    However, there are surprisingly few differences in terms of operational requirements between BS 10500:2011 and ISO 37001:2016 if the above structural changes are understood and implemented.

    In short, ISO 37001 specifies a number of anti-bribery policies and procedures that an organisation can establish, implement and maintain in order to prevent bribery from occurring, and to help it to effectively identify and deal with any bribery that does occur.

    What does ISO 37001 mean in terms of corporate policy?

    An ABMS provides a framework for top management and other leadership elements of an organisation to decide upon risk-based objectives in order to minimise the risk of bribery impacting their organisation.

    As with all management systems, it starts with leadership. An ABMS shows that an organisation is serious about legal compliance and that it is doing all it reasonably can to prevent itself from becoming involved in corrupt practices. It presents an ongoing commitment to continual improvement.

    Implementing an ABMS helps organisations to mitigate reputational risk. Normally, the greater the public profile of an organisation, the more it needs to avoid being associated with anything that might be seen to be questionable by the law, regulators, its customers or any other stakeholders.

    Having an ABMS in place does not guarantee compliance with ISO 37001, as an organisation still needs to adapt its culture, ensuring its commitment to anti-bribery is communicated throughout the business and well-practised. Implementing ISO 37001 helps organisations to promote and maintain a compliance approach to anti-bribery standards and laws, while ensuring that the ABMS is appropriate to the size of the organisation and the level of bribery risk it faces.

    Risk-based approach to management

    ISO 37001 follows the structure of Annex SL, which is an ISO document established as the framework for new assessable standards and revisions to existing ones (such as ISO 9001, ISO 14001 and ISO 27001).

    One key element of Annex SL is that process-based management systems should define objectives in accordance with the organisation’s risks and opportunities, whereby the leadership of the organisation decides the key risks and opportunities relevant to the management system.

    The five main differences between ISO 37001 and its predecessor, BS 10500, are, broadly:

    1. A new focus on leadership, through top management and the leadership of the governing body for the ABMS. The term ‘governing body’ needs to be defined in your own organisation. Governance sits above the operational decision making of top management. The following list is not exhaustive, but in the public sector governance might be elected representatives, in a charity it might be its trustees, in a company it might be non-executive directors and/or an external regulatory body, and in a very large group of companies it might be the holding company’s board of directors (supervising the board of its subsidiary).

    2. There is no compliance manager requirement in ISO 37001 (unlike BS 10500). The ABMS is the direct responsibility of top management. However, top management may delegate some aspects of ABMS delivery to what ISO 37001 describes as the anti-bribery compliance function and, in some organisations, this may be a compliance manager.

    3. The introduction of a risk-based approach to process management. This includes a requirement to plan and address actions to tackle risks and opportunities. This is also likely to feed into another new requirement,

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